IOWA

This document may be freely copied, printed, or distributed for personal, nonprofit, governmental, or educational use, if the copy displays this permission statement with the copyright: © Pinion Feather Press, LLC, 2020, 2023.

WHO:        ANY person MAY report if they believe a child was abused.  [Code § 232.69]

These are mandatory (MUST report): Health practitioners • Social workers or psychologists • School employees, certified paraeducators, coaches, or instructors employed by community colleges • Employees or operators of health-care facilities, child care centers, Head Start programs, family development and self-sufficiency grant programs, substance abuse programs or facilities, juvenile detention or juvenile shelter care facilities, foster care facilities, or mental health centers • Employees of Department of Human Services institutions • Peace officers, counselors, or mental health professionals • Employees, operators, owners, or others who perform duties for certified children’s residential facilities • Commercial film & photo print processors.  [Code §§ 232.69; 728.14] 

·       NOTE: (1) The standard for most mandatory reporters concerns observations made while at work, and does NOT address their other time. (2) The standard for film & photo reports is not limited to observations at work; their mandate applies at ANY time.

·       STANDARDS: Child means under age 18. [Code §§ 232.68(1); 232.69; 728.14 at 1.]

                              (1)      For health practitioner reporters: in the scope of professional practice, they examine, attend, or treat a child and reasonably believe s/he was abused; this includes receiving confirmation that a child has a sexually transmitted disease;

                              (2)      For non-medical, non-print-processor mandatory reporters: in the scope of professional practice or employment responsibilities, they examine, attend, counsel, or treat a child and reasonably believe s/he has suffered abuse;

                              (3)      For commercial film & photo print processors: knowing of or observing a depiction of (what they reasonably should know to be) a minor in a prohibited sexual act or simulation – but NOT mere nudity. See definition of sexual act below. 

                              (4)      For any other reporter: belief that a child has been abused.

                              (5)      BUT ALSO: for ANY reporter, under the mandate for 911-type calls: reason to believe that immediate protection for the child is advisable.  [Code § 232.70]

·       PRIVILEGE: The following privileges do NOT exempt anyone from testimony in any civil or criminal judicial proceeding about child abuse: (1) husband-wife; (2) health practitioner-patient; (3) mental health professional-client.  [Code § 232.74] 

WHEN:      Mandatory: (1) oral report within 24 HOURS; (2) written report within 48 HOURS after that (statutory), but DHS guidelines indicate it should be within only 24 HOURS after that (regulatory), however the difference would allow 24 hours for delivery by mail).  [Code § 232.70; https://dhs.iowa.gov/sites/default/files/Comm164.pdf?062120201051]

WHERE & HOW:  [Code § 232.70; Admin. Code § 441-175.22]

                    (1)      Oral reports MUST be by phone or otherwise to the Dept. of Human Services (DHS). 

                    (2)      Mandated follow-on written reports MUST be made to DHS.

                    (3)      NON-mandatory reporters MAY make oral and/or written reports, to DHS, a county attorney, or law enforcement.  [Code § 232.70 at 7.]

                    (4)      Any reporter MUST also make an oral report to law enforcement if they have reason to believe that a child needs immediate protection.  

                     (5)     Mandatory reporters MUST report abuse of a child under age 12 by a non-caretaker involving a sexual offense or child prostitution. They MAY report it for a child age 12 or more.  [Code § 232.69 at 1.]  This is an exception to caretaker-only reportability. (It is irrelevant in commercial film & photo prints, as offender relations are unknown.)

                    (6)      Joint Reports: when more than one mandatory reporter reasonably suspects abuse in the same incident, they may make a joint written report to DHS. [https://dhs.iowa.gov/sites/default/files/Comm164.pdf?062120201051]

CONTACT AND FILING INFORMATION:

·       For a child in imminent danger:                         Dial 911; report afterward.

·       Oral:  Iowa Child Abuse Hotline (DHS, 24/7):     1-800-362-2178.

·       For deaf, hard-of-hearing, deaf-blind,

or difficulty speaking:                                            Relay Iowa TTY  1-800-735-2942

·       DHS office directory (for other oral reports):      dhs.iowa.gov/dhs_office_locator

·       Written: MAIL to: Centralized Intake Unit, PO Box 4826, Des Moines, Iowa 50305

o   DHS FORM 470-0665 for written reports is at https://hhs.iowa.gov/sites/default/files/470-0665.pdf 

·       For a law enforcement directory:             https://www.usacops.com/ia/

·       For a county attorney directory:

o   https://iowa-icaa.com/Roster%20of%20CA%20&%20ACAs.pdf

·       For a recent PDF mandatory reporting GUIDE, see https://dhs.iowa.gov/child-abuse (link) or https://dhs.iowa.gov/sites/default/files/Comm164.pdf?062120201051

OTHER:

·       EMPLOYERS & SUPERVISORS: must NOT apply a policy, work rule, or other requirement that interferes with or retaliates against compliance by a mandatory or permissive reporter who works for them.  [Code §§ 232.20; 232.73A]

·       REPORT DETAILS: oral or written, MUST contain all the reporter can furnish of: (a) names and home addresses of the child and his/her parent(s) or others responsible for his/her care; (b) child's present whereabouts if not at parents' home; (c) child's age; (d) abuse allegation, including nature and extent of child's injuries and any evidence of previous injuries, and what was heard or observed, who was involved, where it happened, when it happened, and what (remedial] actions have been taken; (e) name, age, and condition of other children in the home; (f) any other info the reporter believes might help establish the cause of injury, identity of the person(s) responsible for it, or to assist the child;  (g) identity of person(s) responsible for abuse/neglect; and (h) reporter’s name & address. DHS states that the following is also helpful: (i) how the reporter knows the info; (j) when the alleged person responsible will next have contact with the child; (k) name and address of the child’s school or daycare; (l) any history of abuse concerns, domestic violence, or substance abuse; (m) language barriers or disabilities that may require accommodation; (n) names and contact info for the family’s supports; (o) worker safety issues (vicious animals, weapons, known gang affiliation, illegal activity, etc.); and (p) who else knows about the (reported) concerns.  [Code § 232.70; https://dhs.iowa.gov/sites/default/files/Comm164.pdf?062120201051]

·       REPORTER PROTECTION:  The reporter MUST include his/her name and address.  [Code § 232.70]  Reporter confidentiality is protected when informing a person about whom the report makes allegations.  [Code § 232.71B]  Reporters in good faith are immune from civil and criminal liability.  [Code § 232.73] 

WHY:        (1) Knowing, willful failure to make a required report is a simple misdemeanor. But also, knowing failure (§ 232.69), or knowing interference (§ 232.70) with a required report, is civilly liable for proximately caused damages.  [Code § 232.75(1)-(2)]  (2) Making a report to DHS that is knowingly false as to information or an act that did not occur, is a simple misdemeanor.  Four or more reports to DHS alleging the same child victim, same abuser, or from the same reporter, if entirely false or without merit, will be referred to the county attorney for consideration of criminal charges under § 232.75(3).  [Code §§ 232.75(3); 232.71B]

WHAT:      Iowa defines child abuse as: (a) nonaccidental physical injury; (b) mental injury; (c) sexual offenses; (d) failure to provide; (e) child prostitution; (f) an illegal drug in a child’s body; (g) allowing dangerous substances; (h) bestiality in a minor’s presence; (i) allowing sex offender access to a child who is under age 14 or disabled; (j) allowing access to obscene material; or (k) child sex trafficking. Definitions of those cite only caregivers as perpetrators, except for sex trafficking, in which the abuser may be anyone.  [Code § 232.68 at 2.a.]

Initial Screening Criteria: in the allegations: (1) a child was victimized by (2) a perpetrator who is either a caregiver, a household member (if it is sexual abuse), or someone who engages in or allows sex trafficking; AND (3) the incident would fall within the definition of child abuse. (For sexual offenses (abuse) or child prostitution by someone other than a caregiver, DHS hands off the report to an appropriate law enforcement agency.)  [Code § 232.70; Admin. Code §§ 441-175.22; 175.24]

(A)  DHS informs reporters if a case is accepted: (1) orally within 24 hours, or if it needs further consultation; (2) by written notice within 5 working days on form 470-3789.

Reportable: (1) Only a caregiver is reportable for acts or omissions that cause any of  nonaccidental physical injury; mental injury; sexual offenses; failure to provide; child prostitution; an illegal drug in a child’s body; allowing dangerous substances; bestiality in a minor’s presence; allowing sex offender access to a child who is under age 14 or disabled; or allowing access to obscene material. But (2) anyone is reportable for acts or omissions that result in child sex trafficking. (3) SPECIAL CASE: non-caregivers are reportable for a sexual offense or child prostitution, especially for a child under age 12. [Code §§ 232.68 at 2.a.; 232.69 at 1.]   NOTE: abuse outside this classification may still be a crime reportable to police.

(A)     Omissions: The abuse may be by either act or OMISSION for (only): nonaccidental physical injury; mental injury; sexual offenses; child prostitution; an illegal drug in a child’s body; or  bestiality in a minor’s presence.  [Code § 232.68 at 2.a.]

(B)     Caregivers: “caregiver,” “caretaker,” and “person responsible for the care of the child” are synonymous and include a child’s: (1) parent, guardian, or foster parent; (2) other relative or non-relative with whom s/he resides, if they take care of or supervise him/her, regardless of how long or continuously the child resides there; (3) a public or private facility’s employee or agent, e.g., for an institution, hospital, health-care facility, group home, mental health center, residential treatment center, shelter, detention center, or child care facility; and (4) any non-resident who takes care of a child, regardless of how long. [Code § 232.68 at 8.]  They include children who babysit.  [https://dhs.iowa.gov/sites/default/files/Comm164.pdf?062120201051]

Sexual Act: (relevant to commercial film & photo print processors) means (a1) penis-to-vagina/anus penetration, (a2) genitalia-to-mouth/genitalia/anus contact, (a3) one person’s finger/hand to another’s genitalia/anus except for medical acts; (a4) ejaculation onto another person, (a5) artificial or substitute sexual organs contacting genitalia or anus; (b) bestiality involving a minor; (c) fondling or touching the pubic area or genitals of a minor or by a minor; (d) sadomasochistic abuse of a minor or by a minor; (e) a minor’s nudity intended to arouse or satisfy a viewer.  [Code § 702.17]

I. Physical Injury concerns a caregiver’s act or omission that results in either: (1) any nonaccidental physical injury OR (2) any injury that is at variance with the history (explanation) given for it.  [Code § 232.68 at 2.a.(1)].

(A)     Examples include: unusual or unexplained burns; bruises; bone fractures; bloody nose; and any other effect that requires a healing process, even if it heals within a day or is only seen by x-ray or medical exam.  [For more, see pp. 18 and 13-15 at https://dhs.iowa.gov/sites/default/files/Comm164.pdf?062120201051]

II. Mental Injury concerns a caregiver’s act or omission that results in any injury to a child’s intellectual or psychological capacity, evidenced by (a) an observable, substantial impairment in the child’s ability to function within his/her normal range of performance and behavior, IF (b) the impairment is diagnosed and confirmed by a licensed physician or qualified mental health professional.  [Code § 232.68 at 2.a.(2)]

(A)     Examples include: (a) ignoring a child and not providing stimulation, responsiveness, or validation; (b) rejecting a child’s value, needs, and requests for adult affirmation and nurturance; (c) isolating a child from others (family, community, etc.); (d) verbally terrorizing a child in a climate of continual fear, hostility, and anxiety; (e) corrupting a child by cultivating antisocial behaviors; (f) verbally assaulting a child with constant name-calling, harsh threats, and put-downs; or (g) over-pressuring a child to achieve early in academics, physical or motor skills, or social skills, so s/he feels inadequate.  [p. 14 at https://dhs.iowa.gov/sites/default/files/Comm164.pdf?062120201051]

III. Sexual Offenses concern (1) acts or omissions by (2) either a caregiver or a (different) child age 14 or over who resides in the same home as the child victim (under age 18) that result in (3) a sexual offense with or to the child victim.  [Code § 232.68 at 2.a.(3)]

(A)     Offenses are: (a) sexual abuse (of any degree); (b) lascivious acts with a child; (c) Indecent exposure; (d) assault with intent to commit sexual abuse; (e) indecent contact; (f) lascivious conduct with a minor; (g) incest; (h) sexual exploitation by a counselor or therapist; (i) sexual exploitation of a minor; (j) sexual misconduct with offenders and juveniles; and (k) invasion of privacy (nudity). This is regardless of age terms in the statutory offense lists.  [cf. Code §§ 709; 726.2; 728.2 at 1.]

                                  (1)     INCEST means engaging in a sex act at age 14 or more, knowing the partner to be, legitimately or not, one’s: (a) ancestor or descendant; (b) brother or sister of whole or half blood; or (c) aunt, uncle, niece, or nephew.  [cf. Code §§ 726.2; 702.5]

(B)     Context: the age of consent is 16. But a child age 14 or 15 may consent to someone who is less than 4 years older. Yet there is NO consent for any of: (a) an act by force or against a victim’s will (regardless of whether s/he is a spouse or cohabiting); (b) an act that is not between non-cohabiting spouses where the victim is mentally incapacitated, is age 13 or less, or is age 14 or 15 and is a HOUSEHOLD member or a RELATED  by blood or affinity within the 4^th degree or COERCED by an authority; (c) where a victim is under the influence of a controlled substance such as flunitrazepam [rape drug] that prevents consent and the other person knows or should have known it; OR (d) where a victim is [otherwise] mentally incapacitated, physically incapacitated, or physically helpless at the time.  [cf. Code § 709.4 at 1.]

IV. Failure to Provide [= Denial of Critical Care = neglect] is a caregiver’s failure to provide for adequate: (a) food; (b) shelter; (c) clothing; (d) medical or (e) mental health treatment; (f) supervision; or (g) other care necessary for health & welfare, if the caregiver can AFFORD it or was OFFERED reasonable means.  [Code § 232.68 at 2.a.(4)(a)]

(A)     Medical: it is NOT abuse per se if parent or guardian provides no specified medical treatment for a child, due to legitimately practicing religious beliefs.  However, a court may intervene when the child's health requires it. [Code § 232.68 at 2.a.(4)(c)]

(B)     Failure to Provide Adequate Supervision means (i) the caregiver did not act as a reasonable, prudent person would under similar facts and circumstances; (ii) resulting in (iii) direct harm or a risk of harm to the child.  [Ann. Stat. § 232.68 at 2.a.(4)(b)]

(C)     Supervision: [p. 12-16,46,48: https://dhs.iowa.gov/sites/default/files/Comm164.pdf?062120201051]

                                 (1)     EXAMPLES OF HARMS AND RISKS: (i) cruel, undue confinement; (ii) the caregiver’s reckless or intoxicated operation of a motor vehicle when a child is in it; (iii) caregiver lack of attentiveness, due to being intoxicated.

                                 (2)     COUNTER-EXAMPLES (the child is NOT in real danger): head lice and truancy.

                                 (3)      CHILD AT HOME ALONE: There is no hard rule. Consider: (a) physical or intellectual disabilities; (b) ability for emergency escape from house in an emergency; (c) access to a phone, and knowing how to use it; (d) whether the child knows how to reach the caregiver; (e) how long the child will be alone; (f) child’s fear [if any] of being home alone; and (g) whether the child knows an emergency plan such as for a fire or injury.

V. Child Prostitution concerns (1) a caregiver’s (2) acts or omissions that (3) allow, permit, or encourage the child to (4) sell or offer services as a sex partner. This applies to any child under age 18.  [Code §§ 232.68 at 2.a.(5); 725.1 at 1.a.; cf. 702.5] 

VI. Presence of Illegal Drug concerns (1) a child who has (2) an illegal drug in his/her body as (3) a direct, foreseeable consequence of (4) a caregiver’s (5) acts or omissions.  [Code §§ 232.68 at 2.a.(6)] 

VII. Dangerous Substance concerns a caregiver who:  [Code §§ 232.68 at 2.a.(7)]

(A)     In a child’s presence [which could be interpreted to mean in any child’s presence]:

(1)     SUBSTANCE: Unlawfully uses, possesses, manufactures, cultivates, or distributes a dangerous substance; or

(2)     KNOWINGLY ALLOWS any of those activities by another person; or

(3)     POSSESSES a product with intent to use it as a precursor or intermediary to [manufacture] a dangerous substance; or

(B)     In a child’s home, premises, or a motor vehicle there (even if NO child is present):

(1)   AMPHETAMINE, METHAMPHETAMINE, OR A CHEMICAL OR CHEMICAL COMBINATION: the offender unlawfully uses, possesses, manufactures, cultivates, or distributes it, though it is a risk for causing an explosion, fire, or other danger to persons in the vicinity while it is in use (or intended) for the manufacture of an illegal or controlled substance.

VIII. Bestiality concerns a (1) caregiver’s (2) acts or omissions resulting in (3) human-with-animal sex in (4) a minor’s presence.   [Code §§ 232.68 at 2.a.(8); 717C.1]

IX. Sex Offender concerns a (1) caregiver’s (2) knowingly allowing a (3) registered (or required to register) sex offender to (4) have custody of, control over, or unsupervised access to (5) a child who is under age 14 or has a physical or mental disability.  [Code §§ 232.68 at 2.a.(9); 692A]  A searchable sex offender registry is at nsopw.gov/

(A)     Exceptions: This rule does not apply if the child is living with such a sex offender, if that person is any of the caregiver, caregiver’s spouse, or another child in the home.

(B)      “Control Over” refers to a person who either: (i) received supervision from a child’s parent or guardian; or (ii) has temporary supervision without their explicit consent.

X. Allows Access to Obscenity concerns a (1) caregiver’s (2) knowingly (3) allowing access to, disseminating to, or exhibiting to (3) a child (4) obscene materials.   [Code §§ 232.68 at 2.a.(10); 728.1 at 5.]

(A)     Obscene Material is any material (a) depicting or describing the genitals, sex acts, masturbation, excretory functions or sadomasochism (b) that the average person, (c) taking the material as a whole under contemporary community standards as to suitable material for minors, (d) would find prurient and patently offensive; and (e) the material, as a whole, lacks serious literary, scientific, political or artistic value.

XI. Sex Trafficking concerns (1) anyone (2) recruiting, harboring, transporting, providing, obtaining, patronizing, or soliciting (e) a child for the purpose of (4) commercial sexual activity, meaning any sex act or sexually explicit performance for which anything of value is given, promised, or received, such as for prostitution, pornography production or performance in strip clubs.   [Code §§ 232.68 at 2.a.(11); 710A.1 at 1.]